Is Custom Recordal of Intellectual Property Rights (IPRs) available in Poland?
Is Custom Recordal of IPRs compulsory in Poland?
Is it an effective measure to stop the infiltration of illegal and counterfeit products in Poland?
Which law forms the legal basis for Custom Recordal of IPRs (Border Control Measures) in Poland?
As of 1st January 2014, the system of Custom Recordal operates, as in the other EU member states, on the basis of the new EU Customs Regulation (608/2013).
Is Custom Recordal of IPRs effective on import or export of goods or both?
Custom Recordal of IPRs is effective both on the import and export of goods.
What is the role of the customs department/authority? (Kindly give 2-3 points)
The Customs may suspend or detain suspected infringing goods at the border; these actions are undertaken by the Customs at the request of an interested party or ex officio. Also, where there is a small consignment, which is lesser than 02 kilograms, the Customs are responsible for the destruction of goods.
Is there a procedure to record IP with the customs department/authority? If yes, then kindly explain it in brief.
The Customs may suspend or detain suspected infringing goods at the border; these actions are undertaken by the Customs at the request of an interested party or ex officio. Actions undertaken at the request of an interested party are based on an application for action filed with the Customs Chamber in Warsaw. The application for action must be made out on a new form constituting an attachment to the EU Customs Implementation Regulation.
What documents are to be submitted along with the application for Custom Recordal of IPRs?
The new EU Customs Regulation requires an application for action to contain more specific data on authentic goods than previously specified. The rights holders must provide the Customs with specific information as requested in the form; otherwise, the application will be rejected. Additional information concerning the infringing goods may also be attached, such as photographs, technical specifications, distinctive features, the place of production, and any other information that may help the Customs to identify the counterfeits.
Is the applicant required to execute a bond (against all liabilities and to bear the costs towards destruction, demurrage, and detention charges incurred till the time of destruction or disposal) with the customs department/authority for Custom Recordal of IPRs?
What is the time frame for the customs department/authority to notify the applicants whether their application (for custom recordal of IPRs) is registered or rejected?
Does the customs department/authority have a centralized system or the Custom Recordal is required to be done with each port of entry in Poland by land, sea, and air?
Yes, it is centralized.
Is there an online system for Custom Recordal in Poland?
What is the official fee for Custom Recordal in Poland?
There are no official application fees.
What is the term of Custom Recordal of IPRs? Can it be further renewed?
An application for action affords protection for 01 year. However, it can be extended for an additional year by filing a request for extension of protection in no less than 30 working days before the expiry of the protection term. There are no official fees for extension. The request must be made out on a form constituting an attachment to the EU Customs Implementation Regulation.
Does the customs department/authority have a right to conduct raids and seize the counterfeit goods within Poland?
In which scenario does the customs department/authority suspend the clearance of imported goods?
The Customs may suspend the clearance of the goods on suspecting that the goods are infringing in nature.
Who bears the liabilities and expenses related to suspension of the release of infringing goods?
The applicant has to bear the cost of destruction.
Is the IP rights holder authorized to examine the goods, the clearance of which has been suspended?
Is the IP rights holder authorized to request the information about the personal details of the importer and additional crucial piece of information concerning the consignment, which has been suspended from clearance?
Can the importer or the authorized representative of the goods, which have been suspended from clearance, request the information of the IP rights holder in question?
Within what timeframe the IP rights holder needs to confirm whether the goods are counterfeit or original after suspension?
Within a span of 10 days the IP rights holder needs to confirm whether the goods are counterfeit or original after suspension.
Is the IP rights holder required to produce an injunction order or evidence of court proceedings to detain the goods?
If the answer to the above question is 'Yes,' then what is the deadline to do so?
Does the IP rights holder need to pay an additional bond for the detention of goods?
If the answer to the above question is 'Yes,' then to what extent and how is the valuation calculated?
In the scenario where the goods detained or seized are found to be infringing the IPRs of the IP rights holder in question, what steps does the customs department/authority take?
The customs authorities shall notify the declarant or the holder of the goods of the suspension of the release of the goods or the detention of the goods within 01 working day of that suspension or detention. Where the customs authorities opt to notify the holder of the goods and two or more persons are considered to be the holder of the goods, the customs authorities shall not be obliged to notify more than one of those persons. The customs authorities may take samples that are the representative of the goods.
Does the customs authority invite the rights holder and importer to join the proceedings? Are there any consequences of failure to join such proceeding, if any?
If the importer does not respond to the request or objects to the destruction, the consignment will be released. In such circumstances, it is necessary that the trademark owner brings civil proceedings within 10 days.
Before disposal/destruction of infringing goods, does the rights holder need to submit a ‘no objection’ or concurrence document?
It may not be needed if both parties, i.e., the infringer (importer) and the rights holder, agree that the goods are infringing in nature.
Are there any disadvantages of Custom Recordal of IPRs in Poland? If yes, then kindly give 2-3 points?
If an IP rights holder is not satisfied with the action taken by the customs department/authority, can he/she initiate separate legal proceedings to enforce his/her IP rights?
To establish if the goods are counterfeit before the court of justice, will the affidavit by the IP rights holder suffice or any other documentary requirement is there?
Other documents as may be demanded by the court may be needed.
Upon conclusion of proceedings before the Court of Justice, what are the possible remedies awarded by the court?
The possible remedies awarded by the court include destruction of goods or release of goods.
Is the rights holder under an obligation to inform customs authority when his Intellectual Property Right ceases to be valid/ he ceases to be the owner of such IPR?